Barrett v. United States Brass Corp.

OPINION ON MOTION FOR REHEARING

In its motion for rehearing, among other things, appellee, U.S. Brass, argues that where a trial court judgment is affirmed in part and reversed in part by the court of appeals, as happened here, costs should not be taxed totally against the appellee. See Walker v. Walker, 619 S.W.2d 196, 199 (Tex.Civ.App.—Tyler 1981, writ ref'd n.r.e.); Pundt v. McNeill, 502 S.W.2d 904, 905 (Tex.Civ.App.—Corpus Christi 1973, no writ); Tex.R.App.P. 89. We agree. Accordingly, the costs of this appeal will be assessed equally against appellee and appellants, Barrett et al. We…